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HomeMy WebLinkAbout6.h. Declaring Vacancies on the City Council EXECUTIVE SUMMARY City Council Regular Meeting: January 10, 2023 AGENDA ITEM: Declare Two Vacancies on the City Council AGENDA SECTION: Consent PREPARED BY: Logan Martin, City Administrator Erin Fasbender, City Clerk AGENDA NO. 6.h. ATTACHMENTS: Resolutions APPROVED BY: LJM RECOMMENDED ACTION: Motion to declare two vacancies on the City Council and extend the application process to January 13, 2023. BACKGROUND As a result of being elected and qualified as Mayor, Council Member Jeffery Weisensel’s council seat has become vacant. The vacated seat has less than two years remaining in the unexpired term. Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an elected office of the City occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. City Council is currently accepting applications for qualified residents to serve the remaining term. The deadline for applications is January 13th. Former Councilmember Tamara D. Block appeared on the November 2022 ballot to serve on the Rosemount City Council for a four-year term beginning in January 2023. Ms. Block received the number of votes needed to be elected and qualify to serve, but she informed the City Council in a letter dated December 27, 2022 that she will not take the oath of office and will not qualify for office. In accordance with Minnesota Statutes, section 351.02, not taking the oath of office results in a vacancy on the City Council. Rosemount City Code, section 1-5-3 provides that if the next general municipal election will be held more than 365 days after the occurrence of the vacancy, then a special election must be held before the next general municipal election. Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an elected office of the City occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, the City Council must appoint someone to serve as council member until a special election is held to elect a person to fill the unexpired portion of the term of the office. The City Council has extended the deadline to accept applications for Block’s seat until January 13 and will appoint someone to serve as a council member until a special election is held on November 7, 2023. RECOMMENDATION Staff recommends the approval of declaring two vacancies and extending the application process to January 13, 2023. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-XX A RESOLUTION DELCARING A VACANCY IN THE CITY COUNCIL WHEREAS , as a result of being elected and qualified as Mayor, Council Member Jeffery Weisensel’s council seat has become vacant; and WHEREAS, Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an elected office of the City occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor; and WHEREAS, the vacancy in the council seat has occurred with less than two years remaining in the unexpired term in Council Member Weisensel’s unexpired term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount as follows: 1. The City Council declares that a vacancy has occurred as of January 10, 2023, in Council Member Weisensel’s council seat. 2. The City Council shall expeditiously appoint someone to serve as a council member until a successor is elected and qualifies at the next general election to be held in November 2024. 3. The City Council will consider applications for appointment to the vacant seat that have been submitted to the City already and will accept additional applications until January 13, 2023. ADOPTED by the City Council of the City of Rosemount, Minnesota this 10th day of January, 2023. _________________________________ Jeff Weisensel, Mayor ATTEST: ____________________ Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-XX A RESOLUTION DELCARING A VACANCY IN THE CITY COUNCIL WHEREAS , Former Councilmember Tamara D. Block (“Block”) appeared on the November 2022 ballot to serve on the Rosemount City Council for a four-year term beginning in January 2023, received the number of votes needed to be elected and qualify to serve, but informed the City Council in a letter dated December 27, 2022, which is attached to this Resolution as Exhibit A, that she will not take the oath of office and will not qualify for office; and WHEREAS, failing to take the oath of office results in a vacancy on the City Council in accordance with Minnesota Statutes, section 351.02 (6); and WHEREAS, Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an elected office of the City occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, the City Council must appoint someone to serve as council member until a special election is held to elect a person to fill the unexpired portion of the term of the office; and WHEREAS, Rosemount City Code, section 1-5-3 provides that if the next general municipal election will be held more than 365 days after the occurrence of the vacancy, then the special election will be held before the next general municipal election; and WHEREAS, the vacancy in the council seat has occurred before the first day to file affidavits of candidacy for the next regular city election, more than two years remain in the unexpired term, and the next general municipal election will occur more than 365 days after the date of the vacancy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount as follows: 1. The City Council declares that a vacancy has occurred as of January 10, 2023, in the council seat for which Block was eligible to qualify but has decided not to take the oath of office and qualify to serve. 2. The City Council shall expeditiously appoint someone to serve as a council member until a special election is held on November 7, 2023, to elect a person to fill the unexpired portion of the now vacant term of office in accordance with Minnesota Statues, section 412, subdivision 2a and Rosemount City Code, section 1-5-3. 3. The City Council will accept applications for consideration for appointment to the vacant seat until January 13, 2023 and will consider applicants who applied for the vacancy resulting from Councilmember Weisensel qualifying for mayor. ADOPTED by the City Council of the City of Rosemount, Minnesota this 10th day of January, 2023. _________________________________ Jeff Weisensel, Mayor ATTEST: ____________________ Erin Fasbender, City Clerk